When a dentist makes a preventable mistake, the harm strikes at some of the most sensitive parts of a person’s life, the ability to speak without pain, eat comfortably, smile with confidence, or trust dental care again. Dental malpractice is not a simple injury; it is often the result of a rushed extraction, a careless root canal, an avoidable anesthesia problem, or a failure to recognize a serious infection. These cases demand a lawyer who is willing to confront the provider’s decisions head-on, examine every chart entry and image with precision, and challenge any attempt to downplay the damage.
Georgia Dental Malpractice Lawyer
At the McArthur Law Firm, the focus is on standing up for people whose lives were disrupted by negligent dental treatment. The firm approaches each case with careful preparation, straightforward communication, and the determination needed to hold dental professionals accountable under Georgia law. In this piece, the firm explains how dental malpractice happens, who may bear responsibility, what legal options exist, the kinds of compensation an injured patient may pursue, and how a dedicated Georgia dental malpractice lawyer can advocate for a fair and meaningful recovery.
McArthur Law Firm serves the entire state of Georgia, including: Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and surrounding communities. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your Dental Malpractice case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Dental Malpractice in Georgia
- Types of Dental Malpractice in Georgia
- Serious Injuries Caused by Dental Malpractice
- Places Where Dental Malpractice Is Likely to Occur in Georgia
- Who May Be Liable for Dental Malpractice
- How a Georgia Dental Malpractice Lawyer Helps Victims
- Frequently Asked Questions About Dental Malpractice
- Resources
Types of Dental Malpractice in Georgia
Surgical Errors in Dental Procedures — Many dental malpractice claims begin with surgical mistakes during extractions, implant placements, or other invasive procedures. These injuries can include nerve damage, sinus perforation, jaw fractures, severe bleeding, or removal of the wrong tooth. Surgical errors often stem from rushed preparation, failure to review imaging, or poor oversight once complications arise. When a provider does not recognize a developing problem or proceeds without the necessary caution, the patient may be left with permanent pain, loss of sensation, or the need for corrective surgery.
Misdiagnosis or Delayed Diagnosis — Dental providers have an obligation to identify signs of serious conditions such as oral cancer, advanced periodontal disease, abscesses, or infections. When these issues are overlooked, misread, or dismissed, the patient may lose critical time needed to stop the progression of disease. A delayed diagnosis can turn a manageable problem into one requiring invasive treatment or can cause irreversible damage to bone, gums, or nerves. These cases often involve missed symptoms that were documented but never addressed or follow-up testing that should have been ordered but was not.
Anesthesia and Sedation Mistakes — Sedation must be administered with precision. A miscalculated dosage, incomplete medical history review, or failure to track vital signs can create serious danger. Patients may experience oxygen deprivation, erratic blood pressure, prolonged sedation, or reactions that require emergency intervention. In many cases, these complications occur because the dental team failed to follow basic monitoring steps or because no one responded when warning signs became apparent.
Prosthodontic and Restorative Errors — Restorative dentistry requires careful planning and attention to detail. When crowns, bridges, veneers, dentures, or implants are placed incorrectly or fabricated poorly, a patient may develop chronic irritation, infection, bite problems, or bone deterioration. These errors often come from inaccurate measurements, inadequate assessment of the patient’s oral structure, or shortcuts taken during placement. A poor fit can cause long-term damage and may require extensive corrective work.
Endodontic (Root Canal) Errors — A root canal involves cleaning and sealing the interior of a tooth, and even small mistakes can lead to serious complications. A provider may miss a canal, leave infected tissue behind, perforate the root or jaw, or fail to maintain sterile conditions. When this happens, patients often face persistent infection, swelling, significant pain, or eventual loss of the tooth. Many of these outcomes can be traced to insufficient imaging, rushed technique, or inadequate infection control.
Orthodontic Errors — Orthodontic treatment must be guided by consistent monitoring and sound planning. When braces or aligners are applied improperly, or when changes in a patient’s condition are ignored, the result may include root resorption, gum recession, bite abnormalities, or chronic jaw discomfort. These injuries often arise when tooth movement is misjudged, when force is applied incorrectly, or when a patient’s concerns are dismissed instead of investigated.
Infection Control Failures — Sterilization is one of the most basic safety requirements in dentistry. When instruments, surfaces, or water lines are not properly disinfected, bacteria and viruses can spread quickly. Patients may develop infections that require antibiotics, hospitalization, or surgical intervention. These failures often occur in fast-paced offices where safety protocols are inconsistent or overlooked.
Medication Errors — Dental providers may prescribe the wrong medication, select an incorrect dosage, or miss clear warnings about allergies or drug interactions. These mistakes can cause harmful reactions, worsen an existing condition, or delay healing. Medication errors are particularly dangerous when a patient’s medical history is not reviewed carefully or when prescriptions are written without considering the patient’s other treatments.
Serious Injuries Caused by Dental Malpractice
Nerve Injuries — Damage to the lingual nerve or inferior alveolar nerve may leave a patient with numbness, burning sensations, or altered taste. These symptoms can last months or become permanent when the injury is severe.
Jaw and Bone Injuries — Fractures, bone loss, or weakening of the jaw may occur during extractions, implant procedures, or other invasive treatment. These injuries can make chewing difficult, alter facial structure, and require surgical repair.
Severe Infection and Sepsis — When bacteria spread because instruments are not sterile or infections are not treated quickly, a patient may develop abscesses or systemic infection. In the worst cases, sepsis becomes a medical emergency.
Permanent Disfigurement — Damage to the gums, teeth, or jaw can permanently alter a person’s appearance. Scarring, misalignment, and tooth loss may require long-term corrective treatment.
Chronic Pain and TMJ Disorders — When dental work places strain on the jaw or changes bite alignment, ongoing pain can develop. TMJ problems may include clicking, locking, headaches, or difficulty opening the mouth.
Places Where Dental Malpractice Is Likely to Occur in Georgia
Large Dental Clinics and Surgery Centers in Atlanta — High-volume practices in areas like Buckhead, Midtown, and Sandy Springs often perform frequent procedures under tight scheduling, creating an environment where rushed treatment may increase the risk of errors.
Dental Clinics and Oral Surgeons in Macon — Practices serving Bibb County and surrounding regions, especially those near major medical corridors, see a substantial number of surgical and restorative dental cases. Busy offices can face challenges that contribute to potential mistakes when oversight is lacking.
Emergency Dental Clinics and Walk-In Practices — Fast-paced settings that treat patients on short notice may be more likely to rely on limited records or incomplete medical histories. When care is performed quickly or without proper evaluation, the likelihood of harmful outcomes may increase.
Who May Be Liable for Dental Malpractice
Dentists and Oral Surgeons as Liable Providers — A dentist or oral surgeon can be held responsible when their treatment falls below the standard of care required of licensed professionals in Georgia. Under O.C.G.A. § 51-1-27, a professional must use reasonable skill and judgment. When a provider fails to meet that standard and a patient is injured as a result, liability for professional negligence may follow.
Dental Hygienists and Dental Assistants — Liability may extend to support staff when their actions during delegated tasks cause patient harm. A supervising dentist or dental office may also be responsible under Georgia’s principles of vicarious liability.
Dental Clinics, Corporate Owners, and Franchise Practices — A dental practice or corporate owner may face liability when systemic issues—such as poor training, unsafe office procedures, or inadequate supervision—create conditions that contribute to patient injuries. Georgia law recognizes employer responsibility for negligent acts committed by employees within the scope of their work, and it also allows claims based on corporate negligence when the business itself fails to maintain safe practices.
Hospitals, Surgical Centers, and Anesthesia Providers — When dental procedures occur in a hospital or surgical center, or when independent anesthesia providers are involved, those entities may be responsible if unsafe practices or monitoring failures lead to injury. Examples include improper sedation protocols, equipment issues, or staffing problems.
Georgia’s Expert Affidavit Requirement — Filing a dental malpractice lawsuit in Georgia requires attaching an expert affidavit that lists at least one negligent act and explains how it violated the standard of care. This requirement comes from O.C.G.A. § 9-11-9.1 and applies to most professional malpractice actions, including dental malpractice claims. Without a compliant expert affidavit, a case is at risk of dismissal.
Georgia’s Statute of Limitations and Statute of Repose — Most dental malpractice lawsuits must be filed within two years of the injury or death, as required by O.C.G.A. § 9-3-71(a). Georgia also has a five-year statute of repose under O.C.G.A. § 9-3-71(b), which bars claims filed more than five years after the negligent act or omission, even if the injury was discovered later. Limited exceptions exist.
How a Georgia Dental Malpractice Lawyer Helps Victims
Investigating Complex Dental Records — A dental malpractice lawyer reviews dental charts, imaging, treatment notes, and billing records to understand what went wrong. This includes working with dental specialists and independent experts to identify errors that a layperson would not detect.
Proving Violations of Dental Standards of Care — Demonstrating malpractice requires showing how the provider’s actions fell below accepted dental standards. The lawyer gathers expert opinions, analyzes procedures step-by-step, and builds clear evidence that links the provider’s mistakes to the patient’s injuries.
Handling Insurance Claims for Dental Malpractice — Dental malpractice insurers often dispute or minimize claims. The lawyer communicates directly with the insurer, submits medical evidence, challenges low valuations, and negotiates aggressively to obtain a fair settlement supported by expert findings.
Filing and Litigating Dental Malpractice Lawsuits — Georgia law requires strict compliance with the affidavit requirement, procedural deadlines, and expert qualifications. The lawyer prepares the affidavit, conducts discovery, deposes dental professionals, and presents highly technical issues in a way a jury can understand.
Pursuing Damages in Dental Malpractice Claims — A lawyer seeks compensation for medical and dental bills, corrective treatment, lost income, pain and suffering, and long-term disability. In wrongful death cases involving dental negligence, the lawyer also pursues funeral costs, loss of life, and related damages.
Why Dental Malpractice Cases Are Different — These cases often involve technical procedures, specialized imaging, and complex expert testimony. A dental malpractice lawyer understands these details, coordinates expert analysis, and builds targeted arguments that go beyond the typical personal injury claim.
Frequently Asked Questions About Dental Malpractice
How can someone tell if a dental malpractice injury needs legal attention?
A dental malpractice injury needs legal attention when substandard treatment causes harm. A qualified professional can examine records, identify errors, and advise whether the circumstances meet Georgia’s legal definition of a malpractice claim.
What should a person do first after experiencing dental malpractice during treatment?
After experiencing dental malpractice, a person should seek medical care, preserve records, document symptoms, and contact a professional immediately. Early action protects evidence and supports determining whether negligence contributed to the resulting injury.
Can a patient file a Georgia dental malpractice claim for nerve damage?
A Georgia dental malpractice claim may be possible when nerve damage results from avoidable mistakes. Documenting symptoms, securing evaluations, and obtaining expert review help determine whether negligence directly caused the patient’s lasting injury.
How long does someone have to file a dental malpractice case in Georgia?
In Georgia, a dental malpractice case typically must be filed within two years of injury. Certain exceptions may apply, so timely legal review ensures deadlines are understood and properly evaluated under applicable rules.
Can dental malpractice happen during a routine dental procedure?
Dental malpractice can occur during routine procedures when avoidable errors cause harm. Even simple treatments may create significant complications if performed incorrectly, making careful evaluation essential for determining whether negligence contributed to the injury.
How can a dental malpractice lawyer help investigate a patient’s injuries?
A dental malpractice lawyer investigates injuries by reviewing records, consulting qualified experts, analyzing procedures, and identifying errors. This methodical approach clarifies what occurred and establishes whether negligence likely contributed to the resulting harm.
Why should someone hire a Georgia dental malpractice lawyer early in the process?
Hiring a Georgia dental malpractice lawyer early helps protect evidence, meet deadlines, secure expert review, and avoid avoidable mistakes. Early involvement strengthens the claim and supports a clearer understanding of available legal options.
How does a dental malpractice lawyer handle communication with insurance companies?
A dental malpractice lawyer manages insurance companies by presenting evidence, coordinating expert opinions, challenging undervaluation, and negotiating assertively. This structured approach seeks compensation that accurately reflects the injury’s true impact on the patient.
What compensation can a dental malpractice lawyer pursue for an injured patient?
A dental malpractice lawyer may pursue compensation for medical expenses, corrective treatment needs, lost wages, pain, suffering, and long-term effects. These damages help support recovery and reflect the seriousness of the patient’s injury.
How long does a dental malpractice lawyer usually need to resolve a case?
A dental malpractice lawyer typically requires time for expert analysis, negotiations, and litigation steps. Case duration varies, but thorough preparation ensures evidence is strong and supports the patient’s claim throughout the entire process.
Resources
Georgia Board of Dentistry – Complaints and Investigations — This source explains how the Georgia Board of Dentistry reviews, investigates, and resolves complaints involving dental professionals. It outlines what is needed to file a complaint, what issues fall under the Board’s authority, and the steps in investigations and disciplinary actions. It also describes possible outcomes and provides guidance for reporting unlicensed practice.
Dental Malpractice: An Enormous and Growing Problem — This source is a PubMed entry for a 1978 journal article discussing dental malpractice. It provides bibliographic information, related research links, and indexing terms. Readers can use it to locate the study, review associated articles, and explore topics such as malpractice, dentist–patient relations, documentation, and regulatory matters connected to dental practice.
Lessons Learnt From Dental Patient Safety Case Reports — This source is a full-text research article reviewing dental patient safety events found in case reports. It summarizes types and causes of adverse events, describes harm classifications, and discusses how case reports help identify system issues. Readers can learn about patterns in dental safety incidents and the need for improved reporting and analysis.
Dental Diagnostic Errors and Characteristics Associated With Claims in the United States, 1990–2020 — This source provides a study analyzing dental malpractice claims involving diagnostic errors over three decades. It outlines trends, types of diagnostic issues, and relationships between patient and provider characteristics. Readers can learn how diagnostic errors appear in malpractice data and how factors such as age, education, and geographic region relate to these claims.
Hire a Personal Injury Lawyer for Dental Malpractice in Atlanta, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout the surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
